An injury caused by slipping and falling can be painful and expensive to treat. Many slip and fall accidents result in broken bones, head injuries or other major injuries.
After your injury, you may face weeks or even months of medical treatment or physical therapy, forcing you to miss work. You may have to give up some of your favorite activities, temporarily or permanently.
Although you can seek compensation for these and potentially other expenses, filing a slip and fall claim with the other party’s insurance company can be lengthy and complicated. Here is an idea of what to expect.
The site of the injury
Where your slip and fall took place is extremely important. If it happened at someone’s home or place of business, you could file a claim through their homeowners or business insurance.
The situation is murkier if the accident happened in a public area near someone’s home or business. For example, what if you fell on a sidewalk adjacent to a grocery store’s a parking lot? You may need to examine the local laws regarding who is responsible for keeping the area of your accident safe.
Establishing negligence
File a police report and take picture of the place you fell as soon as you can after your accident, so you have proof of any unsafe conditions. This will help prove negligence if the insurance company tries to claim you were at fault.
However, Florida uses a comparative negligence standard when determining negligence. This means that you may not receive the full amount you ask for, if it is concluded you were partially to blame.
The insurance company may argue that you were wearing improper shoes, failed to notice a crack or bump on a sidewalk or make various other arguments to try to place some of all the blame on you. Personal injury attorneys know the tactics insurance companies use and can provide advice and guidance.